HomeMy WebLinkAboutItem 12 - Approval of the Final Map for Tract 3063, Phase 3 for 3987 Orcutt Road (FMAP 1959-2018)
Department Name: Community Development
Cost Center: 4003
For Agenda of: January 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Steve LaChaine, Senior Civil Engineer
SUBJECT: APPROVAL OF THE FINAL MAP FOR TRACT 3063 - PHASE 3,
3987 ORCUTT ROAD (FMAP 1959-2018)
RECOMMENDATION
Adopt a draft Resolution (Attachment A) approving the Final Map for Tract 3063 – Phase 3 located
at 3987 Orcutt Road (Attachment B) and authorize the Mayor to execute a Subdivision Agreement
and Easements shown on the Final Map in accordance with Section 16.04.010.A.2 of the City’s
Subdivision Regulations.
REPORT-IN-BRIEF
A vesting tentative map for Tract 3063 (all phases) was approved by the City Council on May 19,
2015 (Attachment C). Amended conditions and mitigation measures were approved by the City
Council on February 15, 2018 per Resolution No. 10861 (Attachment D). Phase 3 of the final map
has been submitted and the Public Works Director has determined that the Phase 3 final map is in
substantial compliance with the tentative map in accordance with Section 16.04.040.A.3 of the
City’s Subdivision Regulations. Once the map is approved by the City Council and all the
appropriate fees and securities are submitted to guarantee completion of the Phase 3 improvements,
the map can be recorded.
DISCUSSION
Background Tract 3063-Phase 3
Tract 3063-Phase 3 (FMAP 1959-2018) is located at 3987 Orcutt Road. This subdivision is
commonly referred to as Righetti Ranch. A vesting tentative map for Tract 3063 (all three
phases) was approved by the City Council on May 19, 2015, by Resolution No. 10619 (2015
Series), with approved amendments to mitigation measures and conditions by Resolution No
10861 (2018 series). The tentative map for phase 3 approved the creation of 34 single-family
residential lots, one lot for private street, one lot for public park, two lots for public open space,
and one lot for private open space. Due to the size of the tentative map, only the “sheets” of the
tentative map that are pertinent to the final map approval are included (Attachment E). Tract
3063-Phase 3 will therefore create 39 lots consisting of:
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1. 34 single-family lots
2. One private street lot
3. One public park lot
4. Two public open space lots
5. One private open space lot
There are many curb, gutter, sidewalk, street, bikeway, and traffic circulation improvement
requirements for the project as established by the conditions of approval including mitigation
measures from the Initial Study/Mitigated Negative Declaration that was approved with the
Tentative Map. Righetti Ranch LP (Subdivider) previously requested, and the City Council
approved, deferment of some of the public improvements for the project to better match the
scope of development in each of the three phases. All deferred improvements will now be
completed with construction of Phase 3. The deferred improvements that will now be completed
include:
Tank Farm Road Frontage Improvements (from Phase 1)
Frontage improvements on Tank Farm Road are near completion. The roundabout allows
pedestrians to cross Tank Farm Road at Righetti Ranch Road and travel on the south side
of the street to Islay Park and/or French Park. This reduced the need for the full sidewalk
connection on the north side of Tank Farm Road all the way to Orcutt Road as part of
Phase 1 or Phase 2. Left-turn pockets (interim) at the Brookpine and Wavertree
intersections were completed with Phase 1, improving the safety at these intersections by
removing the turn queues in the through lanes that existed.
The remainder of the Tank Farm Road frontage improvements, from the railroad tracks to
Orcutt Road, including permanent left-turn pockets for Brookpine and Wavertree, will be
completed with this final Phase 3 map. The City is guaranteed this completion via the
subdivision improvement bonds.
Orcutt Road Frontage Improvements
Conditions #27 and #116 of the tentative map for Tract 3063 require construction of all
the improvements on Orcutt Road from Tiburon Way to Tank Farm Road (noted above)
and along the Tract 3066 (Jones) frontage with Phase 1 unless otherwise deferred by the
Public Works Director and Community Development Director. This requirement was
established prior to finalization of phasing for all the subdivisions in the area. In order to
make the project economically viable, the Subdivider had requested that some of the
frontage improvements be deferred to spread out the costs among the various phases of
the project. The City supported the deferral request. The balance of Orcutt Road
improvements required by Tract 3063 will be completed with this final Phase 3 map. The
City is guaranteed this completion via the subdivision improvement bonds.
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Tank Farm/Orcutt Intersection Improvements
The City and Subdivider have agreed to a roundabout in-lieu of a signalized intersection
and dedicated right-turn pocket at this location. Off-site construction of the Tank
Farm/Orcutt Intersection Improvements are required to be constructed and completed
prior to building permit issuance of Tract 3063 Phase 3. Per the conditions of approval
for the project, the City has taken the lead with preparing construction documents (plans,
specifications and estimates) for the roundabout and has provided these materials to
project applicant. Public Works staff and the applicant team are currently coordinating on
final refinements to the construction documents with a targeted construction start date of
summer 2020. Funding for the roundabout construction includes a combination of a
direct contribution from the applicant, and transportation impact fee
credits/reimbursements via the Citywide and OASP Transportation Impact Fee programs.
The current construction cost is estimated at $3.3 million.
Bicycle and Pedestrian Access
Condition #32 for tentative Tract 3063 requires completion of bicycle and pedestrian
paths to connect Tracts 3063, 3066, and adjoining OASP neighborhoods with Islay Park.
A mix of pedestrian/bicycle trails, sidewalks, and on-street bike lanes have been
constructed in Phase 1 and Phase 2 to satisfy this condition. These paths provide
connectivity from Islay Park to the Tract 3063 central neighborhood park and to future
OASP developments immediately adjacent to Tract 3063.
A pedestrian/bike path will connect the private streets in Phase 3 with Tract 3063 Phase 1
and Phase 2 neighborhoods. The City is guaranteed this completion via the subdivision
improvement bonds. The other OASP neighborhoods currently under construction will
provide additional bike and pedestrian connectivity to the northerly OASP limits. The
City is guaranteed this completion via the subdivision improvement bonds.
Reimbursement Agreement
Conditions #36 and #117 of the Tract Map, allowed the Subdivider to present financing and
reimbursement programs for infrastructure improvements to be considered with any final map
application. The reimbursement has been approved per City Council Resolution No. 10812 (2017
series), dated June 7, 2017 (Attachment G).
Approving the Final Map
The tentative map was approved May 19, 2015. The tentative map had an initial two-year life
per Municipal Code Section 16.10.150. A two-year extension was granted by the City (TIME-
0431-2017) to May 19, 2019. Per Subdivision Map Act Section 66452.6, a phased map allows
for a 36-month extension with the filing of each map phase. Therefore, the tentative map life for
this 3rd and final phase is extended to May 19, 2022.
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The final map for Tract 3063-Phase 3 is ready to be approved and recorded. Pursuant to Section
16.14.080 of the Municipal Code, the Public Works Director has determined that the final map is
in substantial compliance with the tentative map and approved modifications thereof.
Section 66474.1 of the Subdivision Map Act states that “a Legislative body shall not deny
approval of a final or parcel map if it has previously approved a tentative map for the proposed
subdivision and if it finds that the final or parcel map is in substantial compliance with the
previously approved tentative map.” The approval of a final map is considered a ministerial
action.
Appropriate securities will be submitted prior to map recordation to guarantee completion of the
required subdivision improvements as shown in the Subdivision Agreement (Attachment F). The
resolution approving the final map also authorizes the Mayor to sign the Subdivision Agreement
requiring the Subdivider to complete the subdivision improvements.
Previous Council Action
The tentative subdivision map for Tract 3063 (Righetti Ranch) was approved by City Council on
May 19, 2015, by Resolution No. 10619 (2015 Series).
The final map for Phase 1 was approved by City Council on February 21, 2017, by Resolution
No. 10772 (2017 Series).
The final map for Phase 2 was approved by City Council on October 1, 2019, by Resolution No.
11047 (2019 Series).
Policy Context
The City Council approves final maps as a follow-up action to their tentative map approval in
accordance with the Subdivision Map Act and the City’s Subdivision Regulations.
Public Engagement
Public engagement was completed with the approval of the Tentative Map and the development
of the Orcutt Area Specific Plan.
CONCURRENCES
The Public Works Department and Sustainability and Natural Resources Official concur with the
recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan and an associated Final Environmental Impact Report (FEIR)
were approved and certified in March 2010. The Righetti Vesting Tentative Tract Map #3063
(VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration
(IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was
adopted on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project.
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Approval of the final map is statutorily exempt under the California Environmental Quality Act
(CEQA) pursuant to Section 15268(b)(3) Ministerial Projects (approval of final subdivision
maps) of Title 14 of the California Code of Regulations (State CEQA Guidelines). Therefore, no
further environmental review is required.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2019-20
Funding Identified:
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A 0 0 0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
There is no direct financial impact to the City associated with approving the final map for
Tract 3036-Phase 3. As previously discussed in this report, there is a City funding obligation
towards construction of the Tank Farm Road/Orcutt Road roundabout via the credits or
reimbursements from the Citywide and OASP Transportation Impact Fee programs. Staff is
currently analyzing the timing of fees in conjunction with the non fair-share costs and Staff may
recommend one-time funding to complete the project as part of the mid-year budget review.
In addition, the public improvements that will be constructed with this phase will result in an
increase in maintenance costs for the public streets, public utilities, open space, parks and other
infrastructure upon acceptance of the improvements by the City. The costs associated with
additional maintenance of parks, open space, and infrastructure, together with the additional
employees needed to perform the maintenance are typically funded through the normal budget
process. As the facilities are accepted and begin to require standard maintenance, resources will be
requested in future Financial Plans to meet the need. Overall, the fiscal impact of development in
the Orcutt Area Specific Plan was evaluated when the plan was adopted, and again when the
General Plan was updated in 2014. An analysis prepared by Applied Development Economics
(ADE) concluded that build-out of land uses in the General Plan will generate sufficient revenue to
maintain existing levels of service throughout the community.
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ALTERNATIVES
Deny approval of the final map. Denying approval of the final map can apply if findings are
made that the requirements or conditions of the tentative map have not b een met or performed
(Section 66473 of the Subdivision Map Act) or if findings are made that the final map is not in
substantial compliance with the previously approved tentative map (Section 66474.1 of the
Subdivision Map Act). Since the final map is in substantial compliance with the tentative map,
Sections 66474.1 and 66473 of the Subdivision Map Act require that City Council approve the
map. Therefore, denying approval of the final map is not a recommended alternative unless the
required findings are made.
Attachments:
a - Draft Resolution
b - Vicinity Map TR 3063-Phase 3
c - COUNCIL READING FILE - Resolution 10619 (2015 Series)
d - COUNCIL READING FILE - Resolution 10861 (2018 Series)
e - COUNCIL READING FILE - Final Map
f - Subdivision Agreement for Tract 3063 Phase 3
g - COUNCIL READING FILE - Resolution 10812 (2017 Series)
h - COUNCIL READING FILE - Excerpted Pages from Tentative Map
i - COUNCIL READING FILE - Tentative Map of all phases
j - Ambient Communities PFFP letter dated June 28, 2017
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R _____
RESOLUTION NO. ______ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING THE FINAL MAP FOR
TRACT 3063-PHASE 3 (3987 ORCUTT ROAD, FMAP-1959-2018)
WHEREAS, the City Council made certain findings concerning the vesting tentative map for
Tract 3063, as prescribed in Resolution No. 10619 (2015 Series); and
WHEREAS, all the requirements, conditions and mitigation measures of said Resolution
No. 10619 (2015 Series) that are applicable to Phase 3 are completed or appropriate securities will
be in place prior to map recordation to guarantee their completion; and
WHEREAS, the subdivider has completed all required subdivision improvements applicable
to Phase 3 or will submit appropriate securities to guarantee installation of the required subdivision
improvements as shown on the approved plans prior to map recordation, and all fees have been
received or will be received prior to map recordation, as prescribed in the Subdivision Agreement;
and
WHEREAS, the Orcutt Area Specific Plan and an associated Final Environmental Impact
Report (FEIR) were approved and certified in March 2010. The Righetti Vesting Tentative Tract
Map #3063 (VTM) was analyzed in a project-specific Initial Study/Mitigated Negative Declaration
(IS/MND), which tiered off the 2010 FEIR. The VTM was approved and the IS/MND was adopted
on May 19, 2015. Both the 2010 FEIR and subsequent IS/MND constitute the complete
environmental determination for the project. Approval of a final map is statutorily exempt under the
California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) Ministerial Projects
(approval of final subdivision maps) of Title 14 of the California Code of Regulations (State CEQA
Guidelines).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract 3063-Phase 3 is found to be in substantial compliance
with the tentative map.
SECTION 2. The Subdivision Agreement for Tract 3063-Phase 3 is approved and the Mayor
is authorized to approve minor revisions to the agreement and execute the document.
SECTION 3. Approval of the final map for Tract 3063-Phase 3 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
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Resolution No. ______ (2020 Series) Page 2
R _____
SECTION 5. Environmental Review. The 2010 Final Environmental Impact Report for the
Orcutt Area Specific Plan and the Initial Study/Mitigated Negative Declaration for Vesting Tentative
Tract Map 3063 constitute the complete environmental determination for the project. Approval of a
final map is statutorily exempt under the California Environmental Quality Act (CEQA) pursuant
to Section 15268(b)(3) Ministerial Projects (approval of final subdivision maps) of Title 14 of the
California Code of Regulations (State CEQA Guidelines).
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The forgoing resolution was adopted this ______ day of ______________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ____________ day of __________________________, 2020.
____________________________________
Teresa Purrington
City Clerk
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Date: 10/2/2019
b - Vicinity Map – Tract 3063-Phase 3
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SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this __th day of ______ 20__ by and between Righetti
NC, LLC, a Delaware limited liability company, herein referred to as "Subdivider," and the
CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 3063-Phase 3, City of San Luis
Obispo, California, as approved by the City Council on the ____ day of _________ 20__.
The Subdivider desires that said Tract 3063-Phase 3 be accepted and approved as
a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title
16 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications and any revisions
thereto on file in the office of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
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5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the Tract 3063-Phase 3 final
map, and that the work shall be completed within twelve (12) months of said recording
date, unless an extension has been granted by the City, provided that if completion of said
work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider
shall have an additional period of time equivalent to such period of delay in which to
complete such work. Any extension of time hereunder shall not operate to release the
surety on the Improvement Security filed pursuant to this agreement. In this connection,
the surety waives the provisions of Section 2819 of the Civil Code of the State of
California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
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The Subdivider does also agree to comply with the conditions established by the
City Council and has paid the necessary fees as indicated on the attached Exhibits 1
and 2.
Setting of new survey monuments or resetting of disturbed monuments shall be in
accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors
Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, instrument(s) of credit or bond approved by and in favor of
the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is/are in the amount of $__________ shown
in Exhibit 2, which is the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
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“AS-BUILT” record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety or
sureties in the amount of 50% ($___________) of the above described subdivision
improvements in accordance with State law.
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
If off-site dedication of property is necessary to facilitate the construction of the
required subdivision improvements, the subdivider shall exhaust all avenues available to
acquire said off-site dedication. In the event the subdivider is unable to acquire said
property, the City may lend the subdivider its powers of condemnation to acquire the
off-site dedication, including any necessary construction, slope, and drainage
easements. The Subdivider shall pay for all costs incurred by the City to acquire the
off-site dedication, including, but not limited to, all costs associated with condemnation
through the condemnation process. Prior to proceeding with the condemnation process,
the Subdivider shall deposit with the City all or a portion of the anticipated costs, as
determined by the City Attorney, of the condemnation proceedings. The City does not and
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cannot guarantee that the necessary property rights can be acquired or will, in fact, be
acquired. All necessary procedures of law would apply and would have to be followed.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review (“Indemnified Claims”).
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
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IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER
RIGHETTI NC LLC,
a Delaware limited liability company
By: Righetti Ranch, LP,
a Delaware limited partnership
Its: Sole Member
By: NRE Manager LLC,
a Delaware limited liability company
Its: General Partner
By: Ambient Righetti Manager, LLC,
a California limited liability company
Its: Sole Member
By: _____________________________
Print Name: __________________
Title: _______________________
By: _____________________________
Print Name: __________________
Title: _______________________
CITY OF SAN LUIS OBISPO
MAYOR Heidi Harmon
ATTEST:
CITY CLERK Teresa Purrington
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
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EXHIBIT 1
TRACT 3063-PHASE 3
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation security in the amount of $________ to
guarantee the installation of survey monuments in accordance with the approved map and
payment for same. Said guarantee will be released once the installation of monuments has
been verified and that existing monuments have not been disturbed, and upon receipt by the
City of a letter from the Surveyor indicating that they have completed the work and have
been paid. Subdivider shall adhere to the requirements of California Business and
Professions Code Section 8771 with regards to monument preservation. The monumentation
security also guarantees the replacement of any monuments that were disturbed during
construction, along with filing of Records of Survey or Corner Records required by said
Section 8771.
2. Plancheck and inspection fees for the subdivision improvements have been paid as listed in
the attached Exhibit 2.
3. Park-in-lieu fees will be paid at time of issuance of building permit per the fee schedule in
effect at the time the Vesting Tentative Map was approved (adjusted for CPI increases),
unless the vesting rights have expired as set forth in Government Code Section 66498.5(b)
through (d). If the vesting rights have expired, the fees shall be paid at the rate in effect at
time of building permits. Credit is available to subdivider for dedication of approved
parkland.
4. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at the time the Vesting
Tentative Map was approved (adjusted for CPI increases), unless the vesting rights have
expired as set forth in Government Code Section 66498.5(b) through (d). If the vesting
rights have expired, the fees shall be paid at the rate in effect at time of building permits.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at the time when the Vesting
Tentative Map was approved (adjusted for CPI increases), unless the vesting rights have
expired as set forth in Government Code Section 66498.5(b) through (d). If the vesting
rights have expired, the fees shall be paid at the rate in effect at time of building permits.
6. The subdivider shall comply with all requirements of Council Resolution No. 10619 (2015
Series) approving the tentative map, and Council Resolution No. 10861 (2018 Series)
amending the conditions and mitigation measures.
7. The Subdivider has elected to pay a roadway maintenance fee to satisfy Condition #49. The fee
of $____________ was approved by the City Engineer in accordance with City Engineering
Standards and guidelines and satisfies the requirements of Condition #49. The Subdivider will
be required to review this condition with the City Engineer upon each subsequent phase of
development to determine if additional fees, testing, or pavement repair will be required as a
result of impacts from future phases.
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EXHIBIT 2
TRACT 3063-PHASE 3 - FEE AND BOND LIST
3987 Orcutt
Amount Form Date
Received
Bond Release Status
Bonds and Guarantees:
Faithful Performance to guarantee
construction and completion of the
subdivision improvements (FMAP-1955-
2018)
$3,934,156
xxx xxx Can be released upon City acceptance of
improvements, deposit of one-year warranty
surety, and approval of record drawings.
Labor & Materials (50% of total cost of
above improvements) (FMAP-1955-
2018)
$1,967,078
xxx xxx Can be released 90 days after acceptance of
improvements, if no claims. (Civil Code
Section 8412)
Faithful Performance to guarantee
construction and completion of the
Tank Farm/Orcutt Road Construction
Phase 3 Improvements
(FMAP-1718-2015)
$1,131,932
(Pending)
xxx xxx
Labor & Materials (50% of total cost of
above improvements) (FMAP-1718-
2015)
$565,966
(Pending)
xxx xxx
Offsite Water Main Extension
(FMAP-2242-2015/ FMAP-4024-2016)
See Tract 3063 Phase 1
$775,000 Bond 4/3/18 Transferred from Tract 3063 Phase 1
Monument Guarantee $TBD xxx xxx Can be released upon verification that
monuments have been set and surveyor has
been paid.
10% Warranty $506,609
xxx To be
collected
prior to
release of
Faithful
Performance
Bond
Can be released one-year after acceptance of
improvements, if no defects, and approval of
record drawings.
Fees:
Map Check Fee $20,811.25 Check 10/26/18 Paid in Full 10-26-18
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Plan Check Fee (Fmap-1955-2018) $48,065.92 xxx xxx Deposit of $25,000 made on 10-25-18
TBD
Construction Inspection Fee $138,080.71 xxx xxx TBD
Leave blank for miscellaneous
Roadway Maintenance Fee $_______ xxx xxx Deposit in Acct # 40050300-90346953
Streets Reconstruction and Resurfacing
Master per Matt Horn
Park In-Lieu Fee1 To be collected with building permit. Credit to
be given for approved parkland dedication.
Affordable Housing Requirements See Affordable Housing Agreement
Water Impact Fee1 To be collected with building permit
Wastewater Impact Fee1 To be collected with building permit
Transportation Impact Fee1 To be collected with building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
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